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<br />. <br /> <br />. <br /> <br />. <br /> <br />WHEREAS, the DEVELOPER intends to cause its required improvements in the Plat <br />to be constructed with financial participation by the CITY; and <br /> <br />WHEREAS, the DEVELOPER desires to construct the Stage I improvements, except <br />for those Stage n Improvements constructed by the CITY; and <br /> <br />WHEREAS, no expenditure of CITY funds will be made until the relevant City Code <br />escrow requirements have been completed by the DEVELOPER. <br /> <br />NOW, THEREFORE, the CITY and DEVELOPER agree as follows: <br /> <br />SECTION I <br />STAGE I IMPROVEMENTS AND FINANCIAL GUARANTEES <br /> <br />1. City Code Compliance. The CITY approves the Plat conditioned on the DEVELOPER <br />developing the Plat in accordance with the applicable provisions of City Code, Section 9.50, <br />entitled Subdivision. <br /> <br />2. Conformance with Plan. The Plat shall be developed pursuant to Final Plat (1 sheet) <br />prepared by Pioneer Engineering; Grading & Erosion Control & Tree Planting Plan dated <br />November 1,2006; Storm Sewer Drainage Area Plan dated August 22,2006; Drainage Area <br />Map dated May 15, 2006, revised July 18, 2006; Sanitary Sewer, Watermain, Storm Sewer <br />and Street Construction Plans dated November 1,2006; Sanitary, Watennain, Storm & Street <br />Plan & Profiles For Argon Street NW dated November 1, 2006; and Detail Sheet dated <br />November 1, 2006; all prepared by LSJ Engineering, Inc. ' <br /> <br />3. Incorporation of All City Code Requirements. That the recitals above and the applicable <br />provisions of the. City Charter, Subdivision Code, Zoning Code and Public Improyement <br />Code of the CITY, as amended to date hereof, are incorporated herein by reference. <br /> <br />4. Stage I,. Improvements Required. The improvements' the CITY requires the <br />DEVELOPER to construct within the Plat are as follows: <br /> <br />a. <br />b. <br /> <br />Lateral sanitary sewer system <br />Lateral watermains and appurtenances <br />Lateral storm drainage facilities <br />Lot grading and permanent erosion control <br />Tree Planting Plan <br />Natural gas <br />Telephone service <br />Electric service <br />Street lights (installment arranged by CITY during Stage I Improvements and <br />paid for by DEVELOPER as Stage IT Improvement) <br /> <br />c. <br />d. <br /> <br />e. <br />f. <br />g. <br />h. <br /> <br />1. <br /> <br />AmberRidge 2nd Addition <br />Development Agreement <br />Page 2 of 11 <br /> <br />-285- <br />